Judge feels empathy for Royko's son

A federal judge said today he feels empathy for the late newspaper columnist Mike Royko's son but will not allow a diminished mental capacity defense to his attempted bank robbery charge.

U.S. District Judge Wayne R. Andersen made it plain he understands Robert Royko is a troubled person but added that in most cases those who attempt to rob banks "are people that have serious mental issues."

"Certainly, I have a meaningful empathy for him," Anderson said.

The decision ruled out what Royko's defense attorney, Gerardo Gutierrez, considered the strongest defense he could use at a jury trial now set for April 6.

Royko was arrested in a Chicago bank in April 2005. Authorities said he displayed what appeared to be a pipe bomb, donned a ski mask and demanded money. An off-duty policeman slapped the device out of his hand. It contained no explosives.

Gutierrez had sought to show that psychological and other problems made it impossible for Royko to form a serious intent to commit bank robbery and therefore he should be acquitted of the charge. An expert witness has testified in the case that Royko is bipolar and he was treated for substance abuse after his arrest.

Andersen had initially disallowed the defense, then later changed course and gave Gutierrez a green light to go ahead. But today, the judge said his original ruling, barring the diminished capacity defense, had been the correct one.

"I don't think we can present that defense to a jury when he goes to trial," Andersen said.

He did say that if Royko reaches an agreement with prosecutors to plead guilty, he would consider it a timely plea and give Royko credit for taking responsibility for his actions -- rulings that could shorten any prison stay.